Who is responsible for an under-18 student's welfare in Australia in 2026?

Plain-language guide · general information, not immigration advice

Under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018), as published on the Australian Government Federal Register of Legislation and current as of September 2026, the registered provider is the party that takes on responsibility for approving an under-18 student's accommodation, support and general welfare arrangements only where it has taken on that responsibility under the Migration Regulations. That responsibility has one built-in limit: it does not include guardianship. Standard 5.3 describes the role as approving "accommodation, support and general welfare arrangements (but not including guardianship, which is a legal relationship not able to be created or entered into by a registered provider)."

The rest of the answer sits in three places: the provider, where it has taken on responsibility under the Migration Regulations, which approves and monitors the arrangements; the department that administers the Migration Regulations (called Immigration in the National Code), which receives the responsibility dates and approves care by a parent or nominated relative; and the parents or legal guardians, who must sign the student's written agreement and who must be notified immediately if the arrangements collapse.

Does the school become the student's legal guardian?

No. Enrolling a student under 18 does not transfer parental rights to the school, college or university. The National Code 2018 states plainly that guardianship is a legal relationship a registered provider cannot create or enter into, so no welfare letter issued by a provider should be read as a guardianship arrangement.

What the provider actually holds is an approval function over accommodation, support and general welfare. Under Standard 5.3.1, it must nominate the dates for which it accepts that responsibility and advise Immigration of those dates in the form the department requires. The National Code's own overview in Part A describes the duty as ensuring arrangements for younger students are suitable, ongoing and appropriately managed until the student turns 18.

Separately, parents and legal guardians stay in the picture at enrolment: Standard 3.2 requires that where the student is under 18, the written agreement must be signed or otherwise accepted by the student's parent or legal guardian.

What exactly does the provider have to approve and check?

The scope is accommodation, support and general welfare. Standard 5.3 sets out how that scope is policed:

Accommodation suitability: documented processes for verifying the accommodation is appropriate to the student's age and needs, applied before the accommodation is approved (Standard 5.3.3.1) and at least every six months thereafter (Standard 5.3.3.2).
Clearances for adults involved: any adults involved in or providing accommodation and welfare arrangements must hold working with children clearances, or the equivalent, appropriate to the jurisdiction the provider operates in (Standard 5.3.2).
Third parties: documented policies and processes for selecting, screening and monitoring any third party the provider engages to organise and assess welfare and accommodation arrangements (Standard 5.3.7).
Emergencies and disruption: a process for managing emergency situations and disrupted welfare arrangements, held as part of the provider's critical incident policy and processes under Standard 6 (Standard 5.3.4).
Records: up-to-date contact details for the student as outlined in Standard 3.5, including the contact details of the student's parent(s), legal guardian or any adult responsible for the student's welfare (Standard 5.3.5).

The six-month check is the one families most often underestimate. Approval is not a one-off decision made before the visa is granted; it is a recurring verification obligation that continues for as long as the provider holds the responsibility.

What information must the provider give the student directly?

Standard 5.2 requires every registered provider to give students under 18 age- and culturally-appropriate information on two things. The first is who to contact in emergency situations, including the contact numbers of a nominated staff member and/or service provider to the registered provider (Standard 5.2.1). The second is how to seek assistance and report any incident or allegation involving actual or alleged sexual, physical or other abuse (Standard 5.2.2).

These are mandatory disclosures to the student, not optional orientation content. The student's side of the same arrangement is set by Standard 3.5, which requires the written agreement to oblige the student to notify the provider of their current residential address, mobile number and email, who to contact in an emergency, and any changes to those details within 7 days of the change.

What happens if the welfare arrangements break down?

The provider has parallel duties toward the department and toward the family. Under Standard 5.3.6.2, it must advise Immigration within 24 hours if it is no longer able to approve the student's welfare arrangements. Under Standard 5.4, it must make all reasonable efforts to ensure the student's parents or legal guardians are notified immediately.

If the provider cannot contact the student and has concerns for the student's welfare, Standard 5.5 requires it to make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.

There is also a scenario where the CAAW stops being needed rather than failing: Standard 5.3.6.1 requires the provider to advise Immigration as soon as practicable if the student will be cared for by a parent or nominated relative approved by Immigration and a Confirmation of Appropriate Accommodation and Welfare (CAAW) is no longer required.

Does the responsibility end if the provider suspends or cancels the enrolment?

No, not automatically. Where Standard 5.3 applies and the provider suspends or cancels the student's enrolment, Standard 5.6 requires it to continue approving the welfare arrangements until one of four things happens.

Responsibility ends when	Source
The student has alternative welfare arrangements approved by another registered provider	Standard 5.6.1
Care of the student by a parent or nominated relative is approved by Immigration	Standard 5.6.2
The student leaves Australia	Standard 5.6.3
The provider has notified Immigration under Standard 5.3.6 that it can no longer approve the arrangements, or has taken the required action under Standard 5.5 after being unable to contact the student	Standard 5.6.4

The practical point is that where the provider holds welfare responsibility under Standard 5.3, a suspension or cancellation does not by itself leave the student without an approving provider. The provider stays responsible until one of those four endpoints is reached.

What happens to welfare arrangements when a student changes provider?

Standard 5.7 covers the handover. A receiving provider that enrols a student under 18 whose welfare arrangements are approved by another provider must negotiate the transfer date with the releasing provider to ensure there is no gap (Standard 5.7.1), and must inform the student of their visa obligation to maintain their current welfare arrangements until the transfer date, or have alternate welfare arrangements approved or return to their home country until the new approved arrangements take effect (Standard 5.7.2).

Assume a hypothetical applicant who is 16 and moves from one registered provider to another mid-course: the two providers are the parties that must agree the transfer date, and until that date the student is expected to remain on the existing approved arrangements rather than treat the gap as unregulated time.

Who enforces these duties?

Standard 5.1 requires the provider enrolling a student under 18 to meet the Commonwealth, state or territory legislation and other regulatory requirements relating to child welfare and protection in the jurisdiction in which it operates, so the National Code sits on top of child protection law rather than replacing it.

Under Part A of the National Code 2018, the ESOS framework is administered across agencies: the Commonwealth Department of Education and Training handles ESOS policy and PRISMS, the department administering the Migration Act 1958 and Migration Regulations 1994 runs the student visa program, and the Australian Skills Quality Authority (ASQA) and the Tertiary Education Quality and Standards Agency (TEQSA) act as ESOS agencies for the vocational and higher education sectors respectively. Part A also notes that the National Code has legal effect as provided for by the ESOS Act, and that breaches by registered providers can result in action under Division 1A of Part 6 of the ESOS Act, including suspension or cancellation of registration.

This article describes how the National Code 2018 allocates responsibility in general terms and is not personalised advice about any individual student's visa, accommodation or welfare situation; the current text on the Federal Register of Legislation and the latest official guidance should be treated as authoritative.

Frequently Asked Questions

Is the school the legal guardian of an under-18 international student?

No. Standard 5.3 of the National Code 2018 explicitly excludes guardianship from what a provider approves, describing it as a legal relationship a registered provider cannot create or enter into. The provider's role is to approve accommodation, support and general welfare arrangements for the dates it nominates.

How often must the provider check the student's accommodation?

Standard 5.3.3 requires documented processes for verifying that accommodation is appropriate to the student's age and needs before it is approved, and at least every six months after that. The same standard requires working with children clearances for adults involved in providing accommodation and welfare, and screening of third parties engaged to arrange them.

What must the provider tell an under-18 student directly?

Under Standard 5.2, students under 18 must be given age- and culturally-appropriate information on who to contact in an emergency, including a nominated staff member's or service provider's contact numbers, and on how to seek assistance and report actual or alleged sexual, physical or other abuse. These are mandatory disclosures, not optional orientation material.

What happens if the provider can no longer approve the welfare arrangements?

Standard 5.3.6.2 requires the provider to advise Immigration within 24 hours, and Standard 5.4 requires it to make all reasonable efforts to ensure the student's parents or legal guardians are notified immediately. If the provider also cannot contact the student and has welfare concerns, Standard 5.5 requires reasonable efforts to locate the student, including notifying police and other relevant agencies as soon as practicable.

Does the provider stay responsible after suspending or cancelling enrolment?

Yes, where Standard 5.3 applies, until one of four events occurs: alternative arrangements are approved by another provider, Immigration approves care by a parent or nominated relative, the student leaves Australia, or the provider has made the required notification under Standard 5.3.6 or taken the required action under Standard 5.5. Standard 5.6 keeps the approval obligation alive through the suspension or cancellation.

When is a CAAW no longer required?

Standard 5.3.6.1 requires the provider to advise Immigration as soon as practicable when the student will be cared for by a parent or nominated relative approved by Immigration and a Confirmation of Appropriate Accommodation and Welfare (CAAW) is no longer required. The trigger is Immigration's approval of that care arrangement, not the family's preference alone.

Do parents still sign anything if the provider handles welfare?

Yes. Standard 3.2 requires that where the student is under 18, the written agreement must be signed or otherwise accepted by the student's parent or legal guardian, and Standard 3.5 requires the student to keep the provider updated on their address, contact numbers, emergency contact and any changes within 7 days.